Trump Justice Department Ends Transgender Workplace Protections

Posted - October 06 201700:26

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Trump Justice Department Ends Transgender Workplace Protections

Attorney General Jeff Sessions continues to dismantle LGBT-inclusive policies enacted by the Obama administration - Sessions announced on Thursday the Justice Department would no longer construe a 53-year-old civil rights law to be inclusive of gender identity protections.

Sessions's memo clarified that his Justice Department would interpret that part of the law to apply only to discrimination between "men and women".

As Holden points out, "the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping - and that Title VII therefore bans anti-transgender discrimination as well".

The Obama Justice Department viewed Title VII of the federal Civil Rights Act as a prohibition against workplace discrimination against transgender people and said it would bring legal claims on their behalf.

According to the document first obtained by Buzzfeed, Mr Sessions said, "Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status".

"It's ironic for them to say this is law, and not policy", McGowan told BuzzFeed.

Sessions wrote in a memo that a landmark 1964 civil rights law does not apply to gender identity, despite former President Barack Obama expanding that definition when he was in office.

The Supreme Court has not resolved the question of whether "sex" can mean sexual orientation or gender identity.

In a statement Thursday, a Justice Department spokesperson said, "The Department of Justice can not expand the law beyond what Congress has provided".

"The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals".

"The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt' happened", she continued.

"Unfortunately, the last administration abandoned that fundamental principle, which necessitated today's action", he said. The Justice Department under his leadership has also argued civil rights law does not protect employees from discrimination based on based on sexual orientation.

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